High CourtsDIVISION BENCH(2017) 02 KAR CK 0294

M. MAHAMOOD S/O LATE M. BASHA SAB vs THE MANAGING DIRECTOR NEKRTC, CENTRAL OFFICES, & ANR.

Karnataka High Court · Decided on 28 February 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
1495 of 2014 (S-KSRTC)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 299 words
1.

The writ petitioner, who has been the appellant before us, was working as Stores Superintendent with the North East Karnataka Road Transport Corporation.

2.

He was placed under suspension on the allegations of misconduct. A full-fledged disciplinary proceeding was initiated on the allegation of irregularities in respect of consumption of diesel. It was alleged that the appellant caused financial loss to the tune of Rs.2,30,922/- (Rupees two lakh thirty thousand nine hundred and twenty two) only.

3.

In the disciplinary proceeding, the enquiry officer found the appellant guilty holding, inter alia, that all the charges against him were proved. The Disciplinary Authority was, however, kind and in stead of dismissing him from service, imposed the punishment of reduction of his pay by four incremental stages, treating the period of suspension as the period not spent on duty and to recover in twenty (20) equal installments Rs.38,487/- (Rupees thirty eight thousand four hundred and eighty seven) only, being the loss caused to the Corporation.

4.

The Appellate Authority, also, concurred with the view of the disciplinary enquiry. The order of the Appellate Authority was passed on January 9, 2011.

5.

The writ petition was filed on December 20, 2013. The only explanation offered in the writ petition was that the writ petitioner was pursuing a revisional remedy under Regulation 35 of the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971.

6.

Admittedly, such revisional application was not maintainable. We are of the opinion that the authorities have shown him mercy. In a case of financial irregularity, he could have been dismissed. However, a lesser punishment has been imposed.

7.

We do not find that there is any merit in the writ appeal. The writ appeal stands dismissed.

8.

There will be no order as to costs.